����AV

The UNAT held that it was satisfied that execution of the UNDT Judgment (as affirmed by the UNAT) had occurred in Mr. Ozturk’s case. The Administration had complied with the UNAT Judgment and exercised its discretion in determining a new, revised amount to be deducted for child support from Mr. Ozturk's salary on the basis of national court orders.

The UNAT observed that Mr. Ozturk appeared only to disagree with the “refund calculation” by the Administration for prior overpayments. However, the UNAT noted that implementation by the Administration of a Tribunal’s order constitutes in itself an administrative decision appealable before the UNDT. Accordingly, recourse for the complaints of Mr. Ozturk regarding the “refund calculation”, undertaken subsequent to Judgment No. 2018-UNAT-892, is not to be found in an application for execution but rather in Staff Rule 11.2. The latter rule provides the mechanism whereby the complained-of decisions of the Administration can be challenged by the affected staff members.

The UNAT accordingly dismissed the application for execution.